CAM/PM actually worth something

Anne,

First and foremost, read and understand your agreement between the Association and the MC/PM. Identify the issues that are not being completed or the Board believes should be completed better and write them down in a concise list. Don't embellish, simply identify the section of the contract and 1 or 2 examples of the issue (as seen by the Board)

You may or may not have to work with the PM until the end of the contract. However, even if you believe that their is cause to terminate the contract early, you should have a meeting and allow the PM the opportunity to address the issues you identified. It could simply be that the previous Board preferred the PM to work the way they are working

If your PM is assigned through a MC, contact the MC and hold a meeting with the Board, PM and MC rep. If it's an independent PM, then simply set up the meeting with the PM. Then discuss the list, identify how the issues will be addressed and in what time frame and write them down with both sides signing. If needed, request a new PM from the MC.

As for hiring a new MC/PM, this works like any other contract.

1) Identify, in writing, what you want a PM/MC to do.
2) Send that list to various companies you like and ask for a bid.
3) Compare bids and select the top three
4) Check references (I like to visit properties as well) and set up a meeting with the top three
5) Take a vote to identify the preferred contractor
6) Tell the preferred individual and ask for a contract
7) Read the contract and negotiate any items that may be a concern
8) sign the contract or if negotiations failed, go to the next contractor in line.

I will hazard a guess that you are on the board? We felt our PM was useless, however after the fact, we were made to learn that he was doing what he was supposed to do, somewhat. And the rest of the stuff we felt he should do was really the Boards responsibility. We were not paying him much at all each month.

If we wanted a PM to do all that we felt he was NOT doing, we would pay a minimum of $500 a month. Something our HOA couldn't afford without a increase in the assessment. The problem was an inexperienced board, coupled with the PM's ignorance of our documents and the law.

We were getting just what we paid for, outside of his ego and ignorance that is.

Hot Tip: when speaking to candidates for the PM, do not rag on the previous PM. It could potentially harm your cause of getting a new one. Instead, write down the boards expectations, (what you learned the other didn't do) and present it that way.

No one wants to pass the cheese to the whine(er).

The PM does not have to follow the HOA rules. They are NOT a member. They are a paid contractor hired by the HOA to help them by what their contact is defined. they may NOT have to write violation letters. That IMO is the HOA BOD responsiility. It has to be defined in their duties. Your HOA documents tell you how to run your HOA. You have questions you request the BOD hire an attorney anf the PM cut a check.

As for hiring contractors some vary opinions. My opinion is that the HOA should choose the best 3 contractors, present to the membership to vote on best one. The PM then makes the check after BOD approval. If you want your PM to do it, then do not cry foul "conflict of interest". Which some people do not like their PM choosing contractors without input. That is again up to the HOA to decide. It is easier for PM to do it.

Your problems may not lay with your PM. It sounds more in the uneducation and inexperience of the BOD is. Time to read your docs and come hre to ask questions.

Anne

As someone that does this for a living, let me point out a few things.

The CAM or manager MUST follow HOA rules. They are an agent or the association. A good manager or management can be worth their weight in gold and then some.

The initial proposal would have outlined what they have to offer service wise. Not sure if you are condo/townhome or single family. Single family homes are much easier to manage as you are primarily managing the common areas, not the homes. You mention you are not getting the attention you need. You monthly management fee is generally based on how many site visits are made each month.

With 300 homes, you should expect full financial capabilities. You want someone to oversee your architectural reviews and handle compliance notifications on a regular basis, not every so often. You want someone to prepare a COMPLETE board packet for your meetings,(I am assuming monthly meetings).

You want someone who thoroughly knows your governing documents and is willing to suggest improvement if and when needed. You want someone who knows the associations collection policy , whether it's in just the CCRs or also in a separate document. You want someone you KNOWS how to control delinquencies and does it like clockwork.

From reading articles by attorneys in Florida, there is some discord in the relationship between attorneys and CAM. You may need a good working relationship to carry out collection and compliance policies.

To make the relationship between a CAM and an association work, there has to be someone on the Board willing to put in the time to make it work. You are right that many things have to have board approval. The most important time spent is the initial set-up where the board and CAM sit down and thoroughly discuss what is expected from both parties. Remember, a good CAM is there to make the Board look good!!

We aren't expecting the CAM to do things that aren't in the contract, rather we want/need some guidance when there are changes in the board. We need some consistency somewhere. As a group of volunteers there are things we don't have expertise in and believe that a CAM should have that expertise.

In following with Tim's comments, I have read that the Florida Legislators and the attorneys within Florida have kinda handcuffed with CAM's can and can not do.

Bad enough in California, but Florida, no thanks.